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AZ HCR2022
Concurrent Resolution
Status
2/7/2022
Primary Sponsor
Alma Hernandez
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AI Summary
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Proposes constitutional amendment to Article II, Section 15 to change "Excessive bail shall not be required" to "Monetary bail shall not be required."
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Proposes constitutional amendment to Article II, Section 22 to create a presumption that persons arrested or summoned for crimes are eligible for pretrial release unless clear and convincing evidence shows they pose significant risk to physical safety of alleged victim or others.
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Establishes exceptions where pretrial release is not presumed: capital offenses/first degree murder, sexual assault, or crimes against minors if proof is evident or presumption great; violent felonies committed while on pretrial release for separate felony if proof evident; felonies threatening safety if no conditions ensure safety; and serious felonies by undocumented immigrants if proof evident.
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Authorizes pretrial detention if court determines credible evidence shows accused poses significant risk to alleged victim or others, or significant risk of fleeing jurisdiction.
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Requires judicial officers to impose least restrictive pretrial release conditions necessary for public safety and court appearance, and prohibits requiring accused to pay for goods or services as condition of pretrial release.
Legislative Description
Prohibited bail; pretrial release presumption
Constitutional Amendments (arizona)
Last Action
House JUD Committee action: Failed To Pass, voting: (4-6-0-0-0-0)
2/9/2022